Written Answers Thursday 12 October 2006

Scottish Executive

Energy

Chris Ballance (South of Scotland) (Green): To ask the Scottish Executive whether it will make representations to Ofgem in respect of energy suppliers that continue to charge customers for the debt arising from failure to recalibrate the token repayment meter following a price rise.

Malcolm Chisholm: I understand that Ofgem has concerns about the build-up of debt due to delays in recalibrating prepayment meters following a price rise. It will bring forward proposals to address this as part of its current Supply Licence Review.

  We share Ofgem’s concerns and I raised this issue with the energy companies I met in September.

Environment

Ms Rosemary Byrne (South of Scotland) (Sol): To ask the Scottish Executive how it is addressing the issues of localised air pollution, reduction in stratospheric ozone, risks to water quality from diffuse pollution, increases in the amount of waste being produced, potential ecological damage from nutrient enrichment and acidification and loss of biodiversity.

Rhona Brankin: The Executive has a range of strategies to tackle environmental pressures such as the Air Quality Strategy and the Scottish Biodiversity Strategy. Policies are continually reviewed as new evidence emerges which is why the Executive will shortly be consulting on improving the control of diffuse pollution and is drawing up a household waste action plan.

Housing (Scotland) Act 2001

Dr Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive whether a council tenant whose tenancy pre-dates the Housing (Scotland) Act 2001 and who moved after 30 September 2002 to a property in the ownership of either the same authority or a housing association that has received housing stock through a council housing stock transfer should be considered to have taken on a new tenancy and, consequently, to qualify for the right to buy under the Housing (Scotland) Act 2001 rather than the Housing (Scotland) Act 1987.

Malcolm Chisholm: A tenant whose tenancy pre-dates the Housing (Scotland) Act 2001 and who has the Right to Buy retains that right for as long as they remain in the same property .

  Any tenant transferring to a new tenancy on or after 30 September 2002, assuming the new tenancy provides the Right to Buy, would move to the ‘modernised’ Right to Buy, which was introduced by the Housing (Scotland) Act 2001. The ‘modernised’ Right to Buy permits a maximum discount of 35% or £15,000, whichever is lower. The ‘modernised’ Right to Buy rules apply to such new tenancies irrespective of whether the property has been the subject of a housing stock transfer.There are a small number of exemptions to this general position which would enable a tenant to retain the Right to Buy on pre-2001 Act terms and conditions when moving to another property. These are detailed in the Scottish Statutory Instrument 318 The Housing (Scotland) Act 2001 (Scottish Secure Tenancy Order etc.) Order 2002. For example, these exemptions include moves from properties which are liable to demolition. In general, however, when a tenant moves to another property, the original tenancy is considered to have been terminated.

Ministerial Correspondence

Stewart Stevenson (Banff and Buchan) (SNP): To ask the Scottish Executive when the Solicitor General for Scotland will reply to my letter dated 31 August 2006 regarding my constituent, Mr H Garner of Banff.

Elish Angiolini, QC: A reply to your letter of 31 August 2006 regarding Mr H Garner of Banff was issued on 10 October 2006.

Scottish Water

John Swinburne (Central Scotland) (SSCUP): To ask the Scottish Executive why engineering companies in the central region are having to wait more than six months to find out whether their tender for a contract with Scottish Water has been successful.

Rhona Brankin: As this is an operational matter for Scottish Water, I have asked the Chief Executive to reply to your enquiry directly.